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Patna High Court

Golu @ Rahul Kumar @ Golu D.J Wala @ Golu Rajbhar D.J WalaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application is dismissed, upholding the earlier order denying bail.

Summary

The petitioner, Golu, was charged under Sections 70(1) and 324(4) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act in connection with a case registered in Buxar. A bail application filed earlier was rejected on 25‑06‑2025. The petitioner made a second bail application, arguing that the trial was nearing its conclusion and that only the doctor and investigating officer remained to be examined. The Court considered the seriousness of the offences and the fact that the trial was almost over, and decided not to revisit its earlier order. Consequently, the bail application was dismissed.

Issues considered

  • What is the appropriate consideration for granting bail when the trial is on the verge of conclusion in a serious offence under the B.N.S. and POCSO Acts?

Legislation cited

Subjects

  • bail
  • POCSO
  • B.N.S.
  • criminal procedure
  • gravity of offence
  • trial conclusion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1784 of 2026
                       Arising Out of PS. Case No.-62 Year-2024 Thana- MAHILA PS District- Buxar
                 ======================================================
                 Golu @ Rahul Kumar @ Golu D.J Wala @ Golu Rajbhar D.J Wala S/O
                 Jainath Singh R/V- Mohalla- Samhar (Station Road), P.S- Dumraon, Distt.-
                 Buxar.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Vasantu @ Santlal S/O Late Prasidadhan @ Late Prasidhan R/V- Jamgaon,
                 P.S- Kaithi, Distt.- Sonbhadra (U.P).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Dimpal Kumari, Advocate
                 For the Opposite Party/s :       Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                             2. The defect(s) as pointed out by the Stamp Reporter

                   are ignored.

                             3. This is the second attempt on behalf of the petitioner

                   for grant of bail in connection with POCSO Case No.127 of

                   2024, arising out of Buxar Mahila P.S. Case No. 62 of 2024,

                   registered for the offence under Sections 70(1), 324(4) of B.N.S.

                   and 4,6 of POCSO Act.

                             4. Earlier the bail application of the petitioner has been

                   rejected vide order dated 25.06.2025 passed in Cr. Misc.

                   No.38710 of 2025.
             Patna High Court CR. MISC. No.1784 of 2026(2) dt.09-02-2026
                                                         2/2




                                 5. Learned counsel for the petitioner submits that the

                       trial is on the verge of conclusion and the Doctor and I.O. are

                       left to be examined.

                                 6. Considering the gravity of the offence and the fact

                       that when the trial is on the verge of conclusion, I am not

                       inclined to review my earlier order.

                                    7. Accordingly, the application stands dismissed.



                                                  (Sandeep Kumar, J)
mdrashid/-

U      T


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